KUALA LUMPUR: The principle of natural justice called for nothing less than an acquittal of Datuk Seri Anwar Ibrahim in light of the grave concerns over his right to a fair trial, said the Malaysian Bar.
Its president Lim Chee Wee said based on news reports of the trial, the decision was in accordance with the evidence.
Listing the Bar’s concerns, Lim said there had been lack of full disclosure which disadvantaged Anwar in preparing his defence, unreliable DNA evidence, and unusual findings.
He cited the example of the judge making an unprecedented conclusion at the end of the prosecution’s case that the complainant Saiful Bukhari Azlan was a truthful and credible witness without the benefit of having heard the defence.
Lim also raised the alleged relationship between Saiful and a member of the prosecution team, which raised questions if he had access to investigation papers.
Saying Anwar’s prosecution was based on an archaic provision of the Penal Code that criminalises consensual sexual relations between adults, he said the case had “unnecessarily taken up judicial time and public funds”.
He said he hoped that the Attorney-General would not pursue any appeal but focus instead the valuable resources of his chambers on more serious crimes.
Human Rights Watch welcomed the acquittal and urged for Malaysia to “revoke its colonial-era law criminalising consensual same-sex relations”.
“Anwar was acquitted on a charge that should have never been brought in the first place,” said its deputy Asia director Phil Robertson.
Former Bar president Datuk S. Ambiga said that between two possible results from the trial, acquitting Anwar was the better result for the Government.
Asked if she thought the result proved the judicial system to be fair, she said: “It would need to be reviewed on a case-by-case basis.”
“In today’s case, I feel it’s the right decision.”
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